The definitions set forth in this section shall govern the construction
of this chapter.
A. "Area
of regional significance" means an area designated by the State Mining
and Geology Board which is known to contain a deposit of minerals,
the extraction of which is judged to be of prime importance in meeting
future needs for minerals in a particular region of the state within
which the minerals are located and which, if prematurely developed
for alternate incompatible land uses, could result in the premature
loss of minerals that are of more than local significance.
B. "Area
of statewide significance" means an area designated by the Board which
is known to contain a deposit of minerals, the extraction of which
is judged to be of prime importance in meeting future needs for minerals
in the state and which, if prematurely developed for alternate incompatible
land uses, could result in the permanent loss of minerals that are
of more than local or regional significance.
C. "Borrow
pits" means excavations created by the surface mining of rock, unconsolidated
geologic deposits or soil to provide material (borrow) for fill elsewhere.
D. "Compatible
land uses" means land uses inherently compatible with mining and/or
that require a minimum public or private investment in structures,
land improvements, and which may allow mining because of the relative
economic value of the land and its improvements. Examples of such
uses may include, but shall not be limited to, very low density residential,
geographically extensive but low impact industrial, recreational,
agricultural, silvicultural, grazing, and open space.
E. "Haul
road" means a road along which material is transported from the area
of excavation to the processing plant or stock pile area of the surface
mining operation.
F. "Idle"
means surface mining operations curtailed for a period of one year
or more, by more than ninety percent of the operation's previous maximum
annual mineral production, with the intent to resume those surface
mining operations at a future date.
G. "Incompatible
land uses" means land uses inherently incompatible with mining and/or
that require public or private investment in structures, land improvements,
and landscaping and that may prevent mining because of the greater
economic value of the land and its improvements. Examples of such
uses may include, but shall not be limited to, high density residential,
low density residential with high unit value, public facilities, geographically
limited but impact intensive industrial, and commercial.
H. "Mined
lands" means the surface, subsurface, and ground water of an area
in which surface mining operations will be, are being, or have been
conducted, including private ways and roads appurtenant to any such
area, land excavations, working, mining waste, and areas in which
structures, facilities, equipment, machines, tools, or other materials
or property which result from, or are used in, surface mining operations
are located.
I. "Minerals"
means any naturally occurring chemical element or compound, or groups
of elements and compounds, formed from inorganic processes and organic
substance, including, but not limited to, coal, peat, and bituminous
rock, but excluding geothermal resources, natural gas, and petroleum.
J. "Operator"
means any person who is engaged in surface mining operations, or who
contracts with others to conduct operations on his/her behalf, except
a person who is engaged in surface mining operations as an employee
with wages as his/her sole compensation.
K. "Reclamation"
means the combined process of land treatment that minimizes water
degradation, air pollution, damage to aquatic or wildlife habitat,
flooding, erosion, and other adverse effects from surface mining operations,
including adverse surface effects incidental to underground mines,
so that mined lands are reclaimed to a usable condition which is readily
adaptable for alternate land uses and create no danger to public health
or safety. The process may extend to affected lands surrounding mined
lands, and may require backfilling, grading, resoiling, revegetation,
soil compaction, stabilization, or other measures.
L. "Stream
bed skimming" means excavation of sand and gravel from stream bed
deposits above the mean summer water level or stream bottom, whichever
is higher.
M. "Surface
mining operations" means all, or any part of, the process involved
in the mining of minerals on mined lands by removing overburden and
mining directly from the mineral deposits, open-pit mining of minerals
naturally exposed, mining by the auger method, dredging and quarrying,
or surface work incident to an underground mine. Surface mining operations
include, but are not limited to, in place distillation or retorting
or leaching, the production and disposal of mining waste, prospecting
and exploratory activities, borrow pitting, streambed skimming, and
segregation and stockpiling of mined materials (and recovery of same).
(Ord. CS 663, §21 , 1998)
The provisions of SMARA (PRC Section 2710 et seq.), PRC Section
2207, and state regulations
CCR Section 3500 et seq., as those provisions
and regulations may be amended from time to time, are made a part
of this chapter by reference with the same force and effect as if
the provisions therein were specifically and fully set out herein,
excepting that when the provisions of this chapter are more restrictive
than correlative state provisions, this chapter shall prevail.
(Ord. CS 663, §22, 1998)
Except as provided in this chapter, no person shall conduct
surface mining operations unless a permit, reclamation plan, and financial
assurances for reclamation have first been approved by the county.
Any applicable exemption from this requirement does not automatically
exempt a project or activity from the application of other regulations,
ordinances or policies of the county, including but not limited to,
the application of CEQA, the requirement of site approval/use permit
or other permits, the payment of development impact fees, or the imposition
of other dedications and exactions as may be permitted under the law.
The provisions of this chapter shall apply to all lands within the
county, public and private.
This chapter shall not apply to the following activities, subject
to the above-referenced exceptions:
A. Excavations
or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
B. On-site
excavation and on-site earthmoving activities which are an integral
and necessary part of a construction project that are undertaken to
prepare a site for construction of structures, landscaping, or other
land improvements, including the related excavation, grading, compaction,
or the creation of fills, road cuts, and embankments, whether or not
surplus materials are exported from the site, subject to all of the
following conditions:
1. All
required permits for the construction, landscaping, or related land
improvements have been approved by a public agency in accordance with
applicable provisions of state law and locally adopted plans and ordinances,
including, but not limited to, the California Environmental Quality
Act ("CEQA,"
Public Resources Code, Division 13, Section 21000 et
seq.).
2. The
county's approval of the construction project included consideration
of the on-site excavation and on-site earthmoving activities pursuant
to CEQA.
3. The
approved construction project is consistent with the general plan
or zoning of the site.
4. Surplus
materials shall not be exported from the site unless and until actual
construction work has commenced and shall cease if it is determined
that construction activities have terminated, have been indefinitely
suspended, or are no longer being actively pursued.
C. Operation
of a plant site used for mineral processing, including associated
on-site structures, equipment, machines, tools, or other materials,
including the on-site stockpiling and on-site recovery of mined materials,
subject to all of the following conditions:
1. The
plant site is located on lands designated for industrial or commercial
uses in the county's general plan.
2. The
plant site is located on lands zoned industrial or commercial, or
are contained within a zoning category intended exclusively for industrial
activities by the county.
3. None
of the minerals being processed are being extracted on-site.
4. All
reclamation work has been completed pursuant to the approved reclamation
plan for any mineral extraction activities that occurred on-site after
January 1, 1976.
D. Prospecting
for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than one thousand cubic
yards in any one location of one acre or less.
E. Surface
mining operations that are required by federal law in order to protect
a mining claim, if those operations are conducted solely for that
purpose.
F. Any
other surface mining operations that the State Mining and Geology
Board determines to be of an infrequent nature and which involve only
minor surface disturbances.
G. The
solar excavations of sea water or bay water for the production of
salt and related minerals.
H. Emergency
excavations or grading conducted by the Department of Water Resources
of the reclamation board for the purposes of averting, alleviating,
repairing, or restoring damage to property due to imminent or recent
floods, disasters, or other emergencies.
I. Road
construction and maintenance for timber or forest operations if the
land is owned by the same person or entity, and if the excavation
is conducted adjacent to timber or forest operation roads. This exemption
is only available if slope stability and erosion are controlled in
accordance with Board regulations and, upon closure of the site, the
person closing the site implements, where necessary, revegetation
measures and post closure uses in consultation with the Department
of Forestry and Fire Protection. This exemption does not apply to
on-site excavation or grading that occurs within one hundred feet
of a Class One watercourse or seventy-five feet of a Class Two watercourse,
or to excavations for materials that are, or have been, sold for commercial
purposes.
(Ord. CS 663, §24, 1998)
The person submitting the reclamation plan shall sign a statement
accepting responsibility for reclaiming the mined lands in accordance
with the reclamation plan. Said statement shall be kept by the planning
department in the mining operations' permanent record. Upon sale or
transfer of the operation, the new operator shall submit a signed
statement of responsibility to the planning department for placement
in the permanent record.
(Ord. CS 663, §27, 1998)
Surface mining operators shall forward an annual surface mining
report to the State Department of Conservation and to the county planning
department on a date established by the State Department of Conservation,
upon forms furnished by the State Mining and Geology Board. New mining
operations shall file an initial surface mining report and any applicable
filing fees with the State Department of Conservation within thirty
days of permit approval, or before commencement of operations, whichever
is sooner. Any applicable fees, together with a copy of the annual
inspection report, shall be forwarded to the State Department of Conservation
at the time of filing the annual surface mining report.
(Ord. CS 663 §31, 1998)
If the planning director, based upon an annual inspection or
otherwise confirmed by an inspection of the mining operation, determines
that a surface mining operation is not in compliance with the chapter,
the applicable site approval/use permit, any required permit and/or
the reclamation plan, the county shall follow the procedures set forth
in
Public Resources Code Sections 2774.1 and 2774.2 concerning violations
and penalties, as well as those provisions of the county development
code for revocation and/or abandonment of a site approval/use permit
which are not preempted by SMARA.
(Ord. CS 663 §33, 1998)
The appeal process shall be consistent with Chapter
21.112.
(Ord. CS 663 §34, 1998)
The county shall establish such fees as it deems necessary to
cover the reasonable costs incurred in implementing this chapter and
the state regulations, including but not limited to, processing of
applications, annual reports, inspections, monitoring, enforcement
and compliance. Such fees shall be paid by the operator, as required
by the county, at the time of filing of the site approval/use permit
application, reclamation plan application, and at such other times
as are determined by the county to be appropriate in order to ensure
that all reasonable costs of implementing this chapter are borne by
the mining operator.
(Ord. CS 663 §35, 1998)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of a court of competent jurisdiction, it shall not affect
the remaining portions of this chapter.
(Ord. CS 663 §37, 1998)